Is It Illegal to Leave a Child in a Car in California?

Yes. In California, it is illegal to leave a child in a car when the child is six years old or younger and the vehicle’s engine is running, the keys are in the ignition, or conditions pose a significant risk to the child’s health or safety. The rule is Vehicle Code 15620, known as Kaitlyn’s Law. A basic violation is a $100 infraction, but if the child is injured, prosecutors can file child endangerment charges carrying up to six years in state prison.¹

What the Law Actually Covers

Kaitlyn’s Law is narrower than most people assume. It applies to a parent, legal guardian, or other person responsible for a child age six or younger. It is triggered by either of two independent conditions: the engine is running or the keys are in the ignition, or the situation presents a significant risk to the child.¹

Either condition is enough. A running engine on a mild day with a calm child still violates the statute. A hot car with a sleeping child and no keys in sight also violates it.

The supervision rule is equally specific. A child in the vehicle must be supervised by someone at least 12 years old. A nine-year-old sibling does not count. The supervisor also needs to be present at the vehicle, not inside a nearby store.

One boundary worth being clear about: the statute does not reach children over six. Leaving an eight-year-old in a parked car is not covered by Kaitlyn’s Law, though general child endangerment law can still apply if the circumstances are dangerous enough.

The Basic $100 Infraction

A straightforward violation is an infraction with a flat fine of $100.¹ The statute does not increase the amount for repeat offenses; the figure is the same each time.

If you are economically disadvantaged, the court can reduce or waive the fine and refer you to a community education program on the dangers of leaving children in vehicles. Completing the program and returning proof to the court clears the fine. Even defendants who can pay may be ordered to attend a similar program at the judge’s discretion.¹

Because an infraction is not a criminal conviction in the usual sense, a basic Kaitlyn’s Law ticket does not produce the kind of record a misdemeanor or felony would. That changes immediately if the child is hurt.

When It Becomes a Crime

The infraction penalty is off the table the moment the unattended child is injured or receives medical services. Vehicle Code 15620 says so directly. In those cases, prosecutors can charge child endangerment under Penal Code 273a, or manslaughter under Penal Code 192 if the child dies.¹

Penal Code 273a is a wobbler, meaning the prosecutor chooses between misdemeanor and felony filing based on how dangerous the circumstances were.

Felony child endangerment under 273a(a) applies when the circumstances are likely to produce great bodily harm or death. Punishment is up to one year in county jail or two, four, or six years in state prison. A child who develops heatstroke after being left in a car on a hot day typically fits here.²
Misdemeanor child endangerment under 273a(b) applies when the circumstances are not likely to cause great bodily harm or death but still place the child’s health or safety at risk. The maximum penalty is six months in county jail.²

The gap between a $100 ticket and years in prison usually comes down to what happened to the child. A two-minute stop on a cool day where an officer writes a ticket is the infraction. A child found lethargic and overheated after 45 minutes in direct sun is a felony investigation. Prosecutors weigh the actual danger, the duration, the weather, and whether any harm occurred.

What Happens After the Ticket

A Kaitlyn’s Law stop does not necessarily end with the citation. California law enforcement officers are mandated reporters under the Child Abuse and Neglect Reporting Act, codified at Penal Code sections 11165 through 11174.5.³ If the responding officer has reasonable suspicion that the child has been abused or neglected, the officer must report it to child welfare. Reasonable suspicion is a low bar. It does not require certainty or medical evidence.

A report opens a Child Protective Services investigation, which can include home visits, interviews, and a review of any prior reports. Even if the criminal exposure stays at the infraction level, a substantiated CPS finding of neglect can affect custody arrangements in a divorce, show up on background checks for jobs involving children, and in serious cases prompt a court to impose supervised visitation or modify custody.

Defenses and a Common Misconception

Because the statute has two triggers, a defense often turns on showing that neither applied. If the engine was off, the keys were out, and there was no significant risk to the child, the elements are not met. A parent who steps a few feet from a parked car on a cool, overcast day with no keys in the ignition has a real argument that the law was not violated.

Emergency circumstances can also matter. If you left the child briefly to help someone in immediate physical danger, the court can weigh the urgency when deciding whether to impose a penalty.

A frequent misconception: running the air conditioning is not a safe harbor. The statute is triggered whenever “the vehicle’s engine is running,” so a car with the AC on and the engine running still satisfies one of the two conditions.¹ AC may reduce the risk of a more serious child endangerment charge under Penal Code 273a because the child is less likely to be in actual danger, but it does not block the infraction itself.

For a Penal Code 273a charge, the defense centers on criminal negligence. Evidence that you took reasonable precautions, that conditions were controlled, and that the child was never actually in danger can undercut the prosecution. The line between a lapse in judgment and willfully putting a child in danger is where most of these cases are decided.⁴

Clearing a Conviction Later

If you are convicted of misdemeanor child endangerment under Penal Code 273a, Penal Code 1203.4 offers a path to clear the conviction. Once you have completed probation and are no longer serving a sentence or facing other charges, you can petition the court to withdraw the plea and have the case dismissed. The prosecution gets 15 days’ notice of your petition, and an unpaid restitution order alone is not grounds to deny relief.⁵

Penal Code 1203.4 does not apply to infractions, so a basic Kaitlyn’s Law ticket cannot be expunged through this process.⁵ Infractions carry less weight on a record to begin with, so the practical impact is smaller.

A felony conviction under 273a(a) is harder to put behind you. Expungement may be available after a prison sentence is completed, but the conviction can affect professional licensing, employment in fields involving children, and custody proceedings well before you become eligible to petition the court.

1
California Legislative Information. California Vehicle Code VEH 15620
2
California Legislative Information. California Penal Code PEN 273a
3
Child Welfare Information Gateway. Mandatory Reporting of Child Abuse and Neglect – California
4
Justia. CALCRIM No. 823 Child Abuse Misdemeanor
5
California Legislative Information. California Penal Code PEN 1203.4